Gerald Bierbaum

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Gerald Bierbaum recently joined the Capital Habeas Unit of the Federal Public Defender’s Office for the Middle District of Pennsylvania as a Research and Writing Attorney. Prior to moving to Pennsylvania, he spent ten years working on capital trials and writs in Texas and eight years working on capital writs in Nevada. He can be reached at .

Stories from Gerald Bierbaum

SMO: Front–Loading Mitigation
Friday, July 22nd, 2016

Empathy breeds proper judgment. . . . Empathy gives you an inside view. It doesn’t say, “If that was me . . .” Empathy says, “That is me.”

The Means of Mitigation
Thursday, May 21st, 2015

Has any trial judge ever said, “Well, the Defendant has cancer, so I will assess the maximum sentence available,” or “Leukemia? He has leukemia? Then he gets life without!” Such a sadistic lack of compassion—that a person should suffer an enhanced punishment because of a condition that he or she did not purposefully acquire, a condition that causes suffering and disability—tarnishes a reputation for fairness.

Science and the Narrative in Criminal Defense
Saturday, December 6th, 2014

[This note assumes a trial lawyer hired a mental health expert and told the expert to go see the client and then give the lawyer a call.]